Washington -LRB- CNN -RRB- -- The Obama administration has filed a request with the 9th U.S. Circuit Court of Appeals to stay a lower court injunction stopping the military policy regarding openly gay troops serving .

Late Tuesday , U.S. District Court Judge Virginia Phillips in California denied the government 's request for an emergency stay of her order barring the military from expelling openly gay service members .

That ruling came as the Pentagon has begun advising recruiting commands that they can accept openly gay and lesbian recruit candidates , according to a Pentagon spokeswoman .

The guidance from the Personnel and Readiness office was sent to recruiting commands on Friday , according to spokeswoman Cynthia Smith .

The recruiters were told that if a candidate admits he or she is openly gay , and qualify under normal recruiting guidelines , their application can be processed . Recruiters are not allowed to ask candidates if they are gay as part of the application process .

The notice also reminded recruiters that they have to `` manage expectations '' of applicants by informing them that a reversal of the court decision might occur , whereby the `` do n't ask , do n't tell '' policy could be reinstated , Smith said .

Groups representing gays and lesbians have warned against coming out to the military because the policy is still being appealed in courts .

One group , the Servicemembers Legal Defense Network , sent a statement out Tuesday reiterating the concern .

`` During this interim period of uncertainty , service members must not come out and recruits should use caution if choosing to sign up , '' SLDN Executive Director Aubrey Sarvis said in the statement . `` The bottom line : if you come out now , it can be used against you in the future by the Pentagon . ''

Judge Phillips ' ruling on `` do n't ask , do n't tell '' stemmed from a lawsuit by Log Cabin Republicans , a gay rights group , challenging the policy .

Former Army Lt. Daniel Choi , an Iraq war combat veteran who challenged `` do n't ask , do n't tell '' and was discharged , moved to rejoin the military Tuesday afternoon . `` I 'm here because I want to serve my country , '' he said .

`` In the recruiting station . Apparently I 'm too old for the Marines ! '' he said in a tweet . `` Just filled out the Army application . ''

Choi said he told recruiters he was gay and that there was no reaction or delay in the enlistment process . He indicated he would complete his paperwork Wednesday and that he did not care what rank he would assume .

Will Rodriguez-Kennedy , president of Log Cabin Republicans ' San Diego , California , office , tried Tuesday afternoon to be reinstated by the Marines .

`` Once a Marine , always a Marine , '' said Rodriguez-Kennedy , a corporal who was honorably discharged in February 2008 .

He served three years of a four-year term . `` It 's a feeling of not having completed a full tour , '' he said .

Recruiters told him Tuesday there were no current slots and they would call him in January , Rodriguez-Kennedy said . One option is to join another branch of the service , but Rodriguez-Kennedy said he might speak with Marine officers or get legal help .

Reinstatement would allow him to keep the corporal rank and resume benefits .

Rodriguez-Kennedy , 23 , served as a provisional military police officer in Iraq in 2007 . He said he was open to new responsibilities . `` I love the Marine Corps , '' he said .

CNN called several recruiting stations in New York and Chicago . They referred inquiries to the Pentagon .

CNN 's Larry Shaughnessy , Vivienne Foley and Phil Gast contributed to this report

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NEW : Government appeals to the 9th Circuit Court of Appeals in San Francisco

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Judge reaffirms ruling allowing gays and lesbians into the military

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Recruiting stations are not asking about sexual orientation

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The Pentagon says given the ruling , recruiters can accept gay and lesbian candidates